Arson

Question 1

Arson(Danger to life) section/elements?

Answer 1

S267(1)(a) CA1961

-Intentionally or recklessly
-Damages by fire or explosive
-Any property
-If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson(No interest)(Property) section/elements?

Answer 2

Section 267(1)(b) CA1961

-Intentionally or recklessly
-Without claim of right
-Damages by Fire or explosive
-Any immovable property or vehicle, ship or aircraft
-in which that person has no interest

Question 3

Arson(Cause loss/obtain benefit) section/elements?

Answer 3

Section 267(1)(c) CA1961

-Intentionally
-Damage by fire or explosive
-Any immovable property or vehicle, ship, aircraft
-With intent
-To obtain any benefit or cause loss to any other person

Question 4

Case law Intent

Answer 4

R v Collister- intent inferred from offenders words,actions before, during and after the incident. Surrounding circumstances. Nature of act itself

Question 5

Claim of right defined

Answer 5

Belief at the time to possess the property

Question 6

Fire damage defined

Answer 6

Burning or charring, doesn’t have to be set alight

Question 7

Case law damage

Answer 7

R v Archer- Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 8

Explosive defined

Answer 8

Substance/mixture capable of exploding

Question 9

Immovable defined

Answer 9

Fixed in place

Question 10

Case law- interest

Answer 10

R v Wilson- Tenancy of property can mean interest.

Question 11

Case law Loss

Answer 11

R V Morley- loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired

Question 12

Danger to life defined?

Answer 12

Means human life and must be someone other than the defendant

Question 13

Obtain defined?

Answer 13

In relation to any person, means obtain or retain for himself or herself or for any other person

Question 14

Benefit defined?

Answer 14

Means any benefit,pecuniary advantage,privilege,property,service or valuable consideration.

Question 15

Attempted Arson,section and definition?

Answer 15

Section 268,CA1961

Everyone is liable to 10 years imprisonment who attempts to commit arson in respect of any immovable property or any vehicle,ship or aircraft.

Question 16

Attempts case law?

Answer 16

R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant though not determinative.

Question 17

Recklessness case law?

Answer 17

Cameron v R
Recklessness is established if the defendant recognised there was real possibility that his or her actions would bring about the proscribed result and/or the proscribed circumstances existed and having regard to that risk those actions were unreasonable

Question 18

Legally you can set fire to or damage your own property, what are the exceptions?

Answer 18

-Intend to cause loss to someone else as a result of fire
-know or ought to know that fire will endanger life
-know that fire is likely to destroy or damage someone else’s property as a consequence.

Question 19

Intentional Damage, section 269(1) elements and sentence?

Answer 19

Intentionally or recklessly
Destroys or damages
Any property
If he or she knows or ought to know
Danger to life is likely to result

10 years imprisonment

Question 20

Intentional damage, section 269(2)(a) elements and sentence?

Answer 20

Intentionally or recklessly
without claim of right
Destroys or damages
Any property
In which that person has no interest

7 years imprisonment

Question 21

Intentional damage, section 269(2)(b) elements and sentence?

Answer 21

Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
With intent to obtain any benefit or with intent to cause loss to any person

7 years imprisonment

Question 22

Intentional damage, section 269(3) elements and sentence?

Answer 22

Intentionally
Destroys or damages
Any property
With reckless disregard for the safety of any other property.

7 years imprisonment.

Question 23

Providing explosives to commit an offence, section/definition/ sentence?

Answer 23

Section 272,CA1961

Everyone is liable to 2 years imprisonment who knowingly has in his or her possession or makes any explosive substance or other thing with intent to use or enable another person to use to commit an offence.

Question 24

Section 28 Fire service act 1975?

Answer 24

The person in charge of the fire service at a fire has the power to
-enter private property if necessary
-close roads
-remove vehicles impeding the fire service
-remove people(use reasonable force)
-do anything else that is reasonably necessary for the protection of life or property.

Question 25

Use of fire service powers by Police?

Answer 25

Section 32(2) Fire service Act 1975 Police may exercise the powers in section 28 if called up on by the member of the fire service in charge.

Question 26

FILO responsibility?

Answer 26

-Attend every fire resulting in serious injury or death -coordinate investigations -arrange Police attendance -assist area or district investigation queries

Question 27

6 step process for control of fire scene?

Answer 27

1-Fire service have authority over a fire whilst it is in progress. 2-Fire service will notify Police if they consider it suspicious 3-upon Police arrival the designated police investigating officer will confer with the incident controller to confirm handing over the scene. 4-the fire service will not normally hand over a fire scene if there is still danger of fire or collapse or exposure to dangerous products 5-for any scene involving multiple agencies, all agencies will consult prior to a scene examination to develop a plan. 6-the plan will outline how the Investigation will proceed and the role of each agency.

Question 28

What injuries are sustained through hazards at scenes?

Answer 28

Inhalation of toxic substances Cuts/wounds from sharp objects Airborne dust particles Tripping on debris Falling down or over cavities

Question 29

Protective clothing to be worn in scene?

Answer 29

Helmet Pair of overalls Nose and mouth filter Gloves Safety glasses Heavy duty footwear

Question 30

Procedure on arrival to scene?

Answer 30

ISIIIIPS 1- briefly interview informant 2-secure and control scene 3-interview fire investigator, OC fire 4-interview incident controller and find out -time/date of call and manner received -what appliances attended -state of fire on arrival -action taken -what information they have about building security -alterations to scene -suspicious? -their opinion of informant -details of people/vehicles acting suspicious 5-if fire extinguished- initial conference with SFI. 6-if suspicious conduct a briefing conference 7-plan of action 8-sitrep to comms

Question 31

List possible witness to fire?

Answer 31

Informant Fire fighters Neighbours Owners Employees Occupants Spectators

Question 32

Police scene security considerations?

Answer 32

Ensure scene not interfered with Control of onlookers Preserving evidence Preventing looting Be aware of re-ignition from hotspots Watch for suspects

Question 33

How to record the scene prior to demolition?

Answer 33

Sketches Photographs Plans Video recordings

Question 34

What is the point of origin?

Answer 34

The exact location at which -a component failed -a fire was maliciously lit -an accidental fire originated

Question 35

External examination takes into account?

Answer 35

Adjoining premises Nearby alleyways/streets Yards and outbuildings The structure itself What distance debris was scattered

Question 36

At completion of specialist fire investigators examination they will be able to determine?

Answer 36

Area of origin Point of origin The seat of the fire

Question 37

To determine the seat of the fire the SFI will consider?

Answer 37

Witness reports State of fire when they first noticed Wind direction/speed Colour of flames and smoke Severity of damage Depth of charring Presence of starting device Reports/opinions of other specialists

Question 38

Preliminary internal examination takes into account?

Answer 38

Areas in need of repair Low stock levels(commercial) Signs of hardship Forced entry into empty tills Lack of personal items Lack of clothing in draws Position of clothing Open filing cabinets Unusual odours Presence of accelerant Burn patterns Owner/occupier attitude

Question 39

Detailed internal examination takes into account?

Answer 39

Smoke deposits Spalling Damage to wall studs Damage to roofing timbers Damage to window/door edges Floor area burned Skirting board damage Removal of fire debris Under floor inspection

Question 40

Evidence of accelerants?

Answer 40

Containers Traces in debris Smell Unusually rapid spread of fire Multiple seats of fire

Question 41

Evidence of intentional interference?

Answer 41

Tampering with alarm/sprinkler Hindering access Misdirecting firefighters Removal of valuable property Signs furniture rearranged Foreign materials like batteries Signs of electrical appliance on Unusual burn pattern or time factors

Question 42

How to seize exhibits?

Answer 42

1- photograph in situ,label, preserve in containers 2-use approved arson kits 3- take control samples -Charred timber and ashes or debris from seat of fire for examination -Any accelerants found near scene -Soil from surrounding area

Question 43

Conference during scene examination assist with what and who’s present?

Answer 43

Assessing information obtained Reconstructing Possible motives Suspects? Further enquiries OC CIB investigation OC Scene FILO Police photographer SOCO Investigating officers

Question 44

Initial action explosives

Answer 44

1-there maybe a secondary device 2-do not use cellphones/radio 3-evacuate the scene 100metres 4-if IED located get specialist 5-give comms a sitrep

Question 45

Suspect enquiries in respect of fires not involving explosives procedure?

Answer 45

I 1-identify suspect by fingerprints,circumstances,witnesses,intelligence. P 2-possible suspect may be, owner, occupier,employee,criminal,pyromaniac. O 3-obtain suspects particulars and photograph C 4-consider surveillance E 5-complete enquires to establish the suspect,motive,connection to scene. W 6-search warrant I 7-interview suspect P 8-consider photo montage S 9-enquires to corroborate/negate suspect story R 10-advise supervisor of investigation result. A 11- arrest the suspect P 12-Prepare prosecution file

Question 46

SFI will be called to attend and investigate?

Answer 46

-Fires with fatalities -Fires with life threatening fire related injuries -suspicious structure fires -significant fire spread across boundary -fires where safety systems have failed

Question 47

SFI will liase with FILO in relation to what 4 matters?

Answer 47

-Handover of the scene -Access to the scene -Process of examination/investigation -identification and collection of evidence at scene

Question 48

Police’s responsibility at a fire scene?

Answer 48

Conduct criminal or coronial investigation protection,collection and recording of forensic evidence.

Question 49

To identify the best method of protection against hazards you must?

Answer 49

-Make an assessment of all hazards -A strategy to prevent an occurrence or mitigate its impact

Question 50

4 main building materials are and there risk?

Answer 50

Timber- will burn and char and most likely maintain integrity if thick enough. Steel- will expand and push walls out, however if hot enough will lose strength and pull walls inwards Concrete- may cause spalling and topple like a deck of cards. Masonry- can be weakened and cause cracking leading to collapse

Question 51

What to look for at explosive scenes?

Answer 51

Cratering Spread of debris Shredding of materials Peculiar smell like almonds Overlay of dust Shrapnel marks